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Author Topic:   Cali Supreme Court ruling on legality of same-sex marriage ban
Rrhain
Member
Posts: 6351
From: San Diego, CA, USA
Joined: 05-03-2003


Message 423 of 448 (470400)
06-11-2008 2:05 AM
Reply to: Message 415 by New Cat's Eye
06-10-2008 3:10 PM


Catholic Scientist writes:
quote:
Second, they don't have a Constitutional right for what I am supposedly denying them in the first place.
Incorrect.
As Loving v. Virginia pointed out, marriage is a fundamental right.
Did you not read any of the CSC decision? They go on and on about how marriage is a fundamental right.
As discussed below, upon review of the numerous California decisions that have examined the underlying bases and significance of the constitutional right to marry (and that illuminate why ), we conclude that, under this state’s Constitution, the constitutionally based right to marry properly must be understood to encompass the core set of basic substantive legal rights and attributes traditionally associated with marriage that are so integral to an individual’s liberty and personal autonomy that they may not be eliminated or abrogated by the Legislature or by the electorate through the statutory initiative process. These core substantive rights include, most fundamentally, the opportunity of an individual to establish ” with the person with whom the individual has chosen to share his or her life ” an officially recognized and protected family possessing mutual rights and responsibilities and entitled to the same respect and dignity accorded a union traditionally designated as marriage. As past cases establish, the substantive right of two adults who share a loving relationship to join together to establish an officially recognized family of their own ” and, if the couple chooses, to raise children within that family ” constitutes a vitally important attribute of the fundamental interest in liberty and personal autonomy that the California Constitution secures to all persons for the benefit of both the individual and society.
What part of "this right has been recognized as one of the basic, inalienable civil rights guaranteed to an individual by the California Constitution" are you having trouble understanding?
As the Loving v. Virginia case stated:
The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.
What part of "vital person rights" are you having trouble understanding?
Then there's Skinnder v. Oklahoma that called marriage one of the "basic civil rights of man."
quote:
Then you guys are saying that gays are the same basic thing as black people.
Indeed. You seem to be intimating that there is something wrong with that.
Both are human.
Both are citizens.
Both routinely have their fundamental rights denied.
quote:
What a stupid thread this is.
Indeed.
It is always stupid to deny people their rights.

Rrhain

Thank you for your submission to Science. Your paper was reviewed by a jury of seventh graders so that they could look for balance and to allow them to make up their own minds. We are sorry to say that they found your paper "bogus," specifically describing the section on the laboratory work "boring." We regret that we will be unable to publish your work at this time.

This message is a reply to:
 Message 415 by New Cat's Eye, posted 06-10-2008 3:10 PM New Cat's Eye has not replied

Rrhain
Member
Posts: 6351
From: San Diego, CA, USA
Joined: 05-03-2003


Message 424 of 448 (470402)
06-11-2008 2:11 AM
Reply to: Message 418 by Fosdick
06-10-2008 4:35 PM


Hoot Mon writes:
quote:
Then I suppose men discriminate against women, and vice versa, in public restrooms.
What are we, twelve? Hint: You don't have a right to an audience for your bodily eliminations. The way we have arranged the bathroom isn't about you.
Actually, there is some discrimination involved. Because women's rooms are stalls while men's rooms combine stalls and urinals, it means that the women's room typically cannot service as many people at a time as the men's room.
quote:
At our ages we ought to be more worried about discrimination against the elderly who wouldn't know a Hershey Highway from a hot fudge sundae.
And you wonder why you keep getting tagged a bigot.

Rrhain

Thank you for your submission to Science. Your paper was reviewed by a jury of seventh graders so that they could look for balance and to allow them to make up their own minds. We are sorry to say that they found your paper "bogus," specifically describing the section on the laboratory work "boring." We regret that we will be unable to publish your work at this time.

This message is a reply to:
 Message 418 by Fosdick, posted 06-10-2008 4:35 PM Fosdick has not replied

Rrhain
Member
Posts: 6351
From: San Diego, CA, USA
Joined: 05-03-2003


Message 425 of 448 (470404)
06-11-2008 2:23 AM
Reply to: Message 420 by New Cat's Eye
06-10-2008 5:26 PM


Catholic Scientist writes:
quote:
I do not support the right of right of homos to marry. That isn't active denial of a right though.
Incorrect. As many court cases have shown, and have been quoted here, marriage is a fundamental right.
You did read the CSC decision, yes?
quote:
I'm saying that they don't have a Constitutional right to marriage within the same sex.
The Constitution says differently.
Are you saying that when the Loving v. Virginia case declared marriage to be a fundamental right, that was the wrong thing to do?
quote:
The aren't excuded from anything that the 9th and 14th refer too. Marriage has limitations that apply to everyone.
But gay people can't get married despite marriage being a fundamental right under the Fourteenth Amendment.
How do you reconcile that?
quote:
In a similiar way, NJ and HM's comparisons don't say that gays and gravity, or trees or whatever, are basically the same thing.
Right...because humans are the same thing as a force and a tree.
You seem to be saying that gay people aren't actually people, that they aren't citizens. How else to explain your continued insistence that fundamental rights don't apply to them?

Rrhain

Thank you for your submission to Science. Your paper was reviewed by a jury of seventh graders so that they could look for balance and to allow them to make up their own minds. We are sorry to say that they found your paper "bogus," specifically describing the section on the laboratory work "boring." We regret that we will be unable to publish your work at this time.

This message is a reply to:
 Message 420 by New Cat's Eye, posted 06-10-2008 5:26 PM New Cat's Eye has not replied

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